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High Court of KeralaCrl.Rev.Pet/1388/2015allowed

Ravi M.K v. Ramanathan

2015-11-04Honourable Mr. Justice B.Sudheendra Kumar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR WEDNESDAY, THE 4TH DAY OF NOVEMBER 2015/13TH KARTHIKA, 1937 Crl.Rev.Pet.No. 1388 of 2015 () -------------------------------- JUDGMENT IN Cl.A 329/2009 OF ADDITIONAL SESSIONS COURT, IRINJALAKUDA JUDGMENT IN CC 574/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT -II, CHALAKUDY REVISION PETITIONER/ACCUSED:

--------------------------- RAVI M.K, MADAPPATTIL HOUSE, ASTAMICHIRA DESOM, CHALAKUDY TALUK.

BY ADV. SRI.T.N.MANOJ RESPONDENTS/COMPLAINANT:

------------------------

1. RAMANATHAN, S/O. ILLIMATTATHIL SARASWATHY AMMA, ANNANADU PO, CHALAKUDY TALUK, MUKUNDAPURAM - 686 301.

2. STATE OF KERALA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31.

R1 BY ADV. SMT.S.SOUMYA ISSAC R2 BY PUBLIC PROSECUTOR SRI.R.GITHESH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

SCL.

B. SUDHEENDRA KUMAR, J.

------------------------------------- Crl.R.P. No.1388 of 2015 -------------------------------------- Dated this the 4th day of November, 2015

ORDER

Crl.M.A.No.6178 of 2015 has been filed jointly by the revision petitioner and the first respondent, who is the complainant before the court below, praying for granting permission to compound the offence. The offence under Section 138 of the Negotiable Instruments Act is compoundable under Section 147 of the Negotiable Instruments Act. This Court has exempted the revision petitioner from deposit of amount for granting permission to compound the offence as held by the Apex Court in Damodar S. Prabhu v. Sayed Babalal [2010 (2) KLT 587 (SC). Since the parties have settled the matter, I am of the view that it is just and proper to grant permission to the parties to compound the offence. Accordingly, permission stands granted and the composition stands recorded, which is having the effect of acquittal under section 320 (8) of Cr.P.C.

Crl.R.P. No.1388 of 2015 -2In the result, this Revision Petition stands allowed acquitting the revision petitioner under section 320(8) Cr.P.C. Sd/- B. SUDHEENDRA KUMAR JUDGE Scl.

True Copy PA to Judge